Use of this website and TRUSTPAY SP Z O.O. payment services is subject to the following Payments Terms and Conditions (“Terms”) and our Privacy Notice (“Privacy Notice”). By visiting our website, you confirm that you have read, understood and agreed to these terms. We may update our policies from time to time, and it is your responsibility to check for updates on this page.

These are the Terms on which we provide payment services to you. Please read these Terms carefully before opening a payment account with us. These terms tell you who we are, how we will provide services to you, how you and we can change or terminate the contract, what to do in the event of a problem, and other important information. If you think there is a mistake in these Terms, please contact us.

These Terms, together with the fees page, the Privacy Notice and any other terms and conditions applicable to our services, form a legal agreement (“Agreement”) between you and TRUSTPAY.

We are TRUSTPAY SP Z O.O. (“TRUSTPAY”) a company registered in Poland. Company’s registration number (KRS) is 0000882514, (NIP) 5272948997 and our registered office is at ul. Hoza 86/210, 00-682, Warszawa.

We are a Small Payment Institution (SPI) registered in Poland. Our registration number is MIP111/2021. We are permitted to provide payment services by the Polish Financial Supervision Authority (“PFSA”).

PFSA supervises TRUSTPAY. You can learn more about TRUSTPAY, how it is regulated, check the full record of any regulated activities here: https://e-rup.knf.gov.pl/index.html

You can contact TRUSTPAY by writing to us at [email protected]

You must immediately notify us of any circumstances related to this Agreement, including changes in name, address, contact details, etc.

You must also immediately notify us of any loss or theft of your personal identity document or other means of identification, or of the loss or theft of your account or credentials for the Customer’s credentials or Payment Instrument, or loss of possession of them against the will of the Customer in any other way. You must notify us even if any of the above information has been or may be released to the public (for example, a court decision, notice in government registries or publication in the media).

If we need to contact you, we will do so by phone, SMS or by writing to you at the email address, postal address that you have provided to us, or through our online portal.

Any communication we make with you, including this agreement, will be in English. You can also request that a copy of these Terms be sent to you.

TRUSTPAY has been given permission to provide payment services by the PFSA under the Act of 19 August 2011 on payment services, which are:

• Payment account,
• Money transferring, and
• Acquiring.

A detailed list of the payment services we offer is available on the TRUSTPAY home page at www.cypherpay.io

We cannot offer you banking services. Funds in the Customer’s payment account are not a deposit and can only be used to carry out payment transactions.

Customer payment accounts are not insured by the Polish deposit Insurance scheme or protected by other similar deposit guarantee instruments. Instead, customer funds are held in transit in protective accounts with reputable credit and payment institutions.

We will continue to provide payment services to you until this Agreement is terminated or the services are suspended for any reason set forth in this Agreement.

We are not responsible for delays outside our control. If our payment service is delayed as a result of an event beyond our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided that we do so, we will not be responsible for delays caused by the event, but if there is a risk of significant delay, you can contact us to terminate the Agreement and receive a refund for any services you paid but did not receive.

We may limit payment services we provide you and also set limits on outgoing and incoming transfers. However, you can request to change limits by writing to us as indicated above.

We are responsible for the correct execution of the payment transaction, unless we can prove to you or, if applicable, your recipient’s payment institution that the recipient’s payment institution received the correct amount in accordance with applicable regulation.

You may request us and we will immediately and without charge make efforts to trace any non-executed or defectively executed payment transaction and notify you of the outcome.

You may open only one payment account unless we confirm in writing otherwise. If we detect duplicate accounts, we may in our sole and absolute discretion suspend provision of our services, merge or close duplicate accounts or terminate this Agreement.

By registering an account with us, you confirm that laws and regulations of your country do not prohibit you from entering into an agreement with us.

You also confirm that you are the only beneficial owner. If you are not, you must tell us immediately. In such circumstances, you cannot open an account with us unless we confirm in writing otherwise.

We may terminate this Agreement immediately and without notice if you are in breach of this section.

To provide you with payment services we will need certain information from you. By submitting such information, you represent that all information you provide is complete, accurate and true. The information we require will depend on the nature of your business, where you are located, and any other requirements as set forth in applicable regulation.

If we have a reason to doubt the completeness or accuracy of the information you provide, we may ask you to provide additional information or documents and, if necessary, repeat the identification process.

From time to time, we may request for additional identification to verify your identity. You agree to provide us with all the information and documents necessary to verify your identity, or any other information that we may require.

You must inform us if any information provided or any circumstances relating to provision of services to you change. Such information includes the change of your representative, the beneficial owner of the Customer, their identity, residential address / location, nature of business, tax residence and taxpayer number.

If you use our portal and / or payment tool, we will verify your identity when you provide your credentials (e.g. username and password; one-time OTP / MAC token).

We may request any information and documents related to your identification and verification from any credit or financial institution that has already identified you or has a business relationship with you. We may also require additional documents from you to enable us to request and receive such information or documents from other institutions.

You can authorise other persons to use our services on your behalf and access any information we have that is related to you or your account. You are responsible for each authorised person performance of this Agreement.

If you have authorised a person to act on your behalf, the person must register an account with us and this person will also be bound by this Agreement.

We will charge you fees for the payment services we provide. Our fees are set out in our Tariffs and are available to you at the website.

Fees shall mean any fees, rates and charges levied by TRUSTPAY for provision of Services and which may be amended by TRUSTPAY from time to time in accordance with these Terms. Fees are applicable to the Customer and are an integral part of these Terms. In case in relation to the Customer exist some special Fees and additional agreements, it should prevail over these Terms and general Fees in the frame and in relation to certain services, provided by TRUSTPAY.

You expressly agree to duly pay for any Services provided, e.g., for international payment transfers and currency conversions, withdrawals or amendments of payment transactions, searching and preparing printouts and documents, for performing any outstanding services for you by us and sending reminders. You expressly agree to pay all the applicable Fees.

You agree that any Fees that are due by you to us shall be withdrawn by TRUSTPAY directly from the Customer’s account at any time.

We reserve the right to introduce new services and to, therefore, introduce new charges which you are obliged to pay in accordance with these Terms. New charges that are favourable to you may be introduced without prior notice.

We reserve the right to deduct all the losses resulting your unauthorised actions.

You remunerate the TRUSTPAY for opening, maintenance and closing of Accounts, execution of the Transactions and other services in accordance with the Fees. You are obligated to get yourself acquainted with the Fees and/or exchange rates.

We may make any amendments to the Tariffs. If we do so, we will notify you. You will be able to terminate this Agreement without any penalty before the changes take effect in accordance with these Terms.

You are required to keep sufficient amount of money on your payment account for us to deduct any fees or any money you owe us. We debit any monthly fee once per month in advance for the upcoming fee period, which is 30 calendar days.

You may also be responsible for paying taxes or costs that apply to payments that we are not responsible for collecting from you. In such case, you must pay the taxes or costs without delay.

You cannot borrow money from us and if your balance becomes negative, you must immediately top up your account to remedy this.

If you owe us money and do not top up your account, we may without notice:

• suspend your account;
• deduct the money from your payment account once it has funds (this can be in parts);
• exercise a right of set-off;
• take any other legal steps to recover the money, e.g., instruct debt collectors or take you to court.

If we exercise any of the above rights, you may be required to pay our costs.

We may refuse to open an account after receiving your application, if we do so, you will get informed about our decision. TRUSTPAY has a right but is not obliged to provide the reason for non-entering into business relations with you and/or provision of a service.

We may suspend or close your account upon receiving the decision of the PFSA or another competent supervisory authority on suspending the activities of the Customer, or in the case of lack of sufficient funds in the account of the Customer, or in case of a breach of provisions of these Terms.

We may also suspend or close your account or refuse a payment (additional information on restrictions regarding payments please find in section “Transactions”) immediately in following cases:

• You do not meet the requirements of the prevention of money laundering and terrorist financing rules and regulations.
• We suspect you of money laundering, terrorist financing or other criminal or illegal activity (e.g. fraud).
• We suspect that your funds have been obtained by illegal means or their transfer is in any way unlawful or prohibited.
• We suspect that you wish to use or are using the services for any restricted or prohibited activities.
• You have caused or we have a good reason to believe that you may cause direct or indirect damage to TRUSTPAY.
• You have been prosecuted and/or convicted for a financial or economic crime, fraud or another crime with regard to abuse of trust.
• You or your activities belong to a risk level or group to which we do not provide services.
• You have been declared bankrupt or insolvent.
• We have asked you to pay the money you owe us, and you have not done so within a reasonable time.
• If we have good reason to suspect that your behaviour is fraudulent.
• If you have not given us (or someone acting on our behalf) any information we require, or we have good reason to believe that information you have provided is incorrect or is not true.
• If we are required to do so under any regulation or because a court or an ombudsman requires us to do so.
• We have become aware of any circumstances which have caused us to require examination of the origin of your funds or assets and verify their legality.
• We are notified of your death;
• We suspect that your credentials and/or the OTP/MAC token generator have been used without your consent or these have been stolen or used to commit fraud.

We have a right to suspend or close your account for any reason whatsoever and we will notify you at least one month before we do so. If we close your account, your Agreement with us is terminated automatically.

You can always terminate your Agreement with us. For termination of the Agreement please contact us. Your Agreement will terminate no later than one calendar month after the day on which you contacted us or earlier.

If there are any outstanding fees or if you owe us money for any reason, you will be required to pay this money to us immediately. If you have paid your fees and do not owe us any money, we will give you reasonable opportunity to transfer or withdraw your remaining money, which is held on your account.

The following activities are restricted:

• Using the services in connection with illegal products or services and/or stolen goods including digital and virtual goods.
• Transactions with sanctioned counterparties.
• Any activity or omission that violates any law, statute, ordinance, regulation or good faith.
• Any activity or omission that violates this Agreement concluded by you and TRUSTPAY.

Your requests to provide you with services (transactions) must be unambiguous and executable. You must confirm all transactions with your credentials or in any other way we may request (e.g. by signing a hard copy). Such confirmation shall be deemed as your consent to perform the requested transaction.

You must ensure that your request complies with the applicable regulation, these Terms and other relevant requirements or practices applicable to that request.

When the Customer submits a new transaction request, the Customer authorises TRUSTPAY to execute the transaction in accordance with the request and to charge the Customer applicable fees. The Customer agrees that as soon as the transaction request is executed, such transaction is irreversible and may not be cancelled. The Customer may only cancel a transaction request, if such cancellation occurs before TRUSTPAY executes the transaction. The Customer may not change, withdraw or cancel its authorisation for TRUSTPAY to complete such transaction, once the transaction request has been executed.

TRUSTPAY may not be allowed to provide services or engage with certain individuals and entities based on mandatory legal regulations. In such cases TRUSTPAY may be obliged to block the Customer's activity, block and retain the fiat currency sent to us in a manner determined by the relevant authorities, or other such or similar steps that are necessary to protect TRUSTPAY or third parties in good faith.

The Customer shall properly check and fill in all transaction request details. In case the details are incorrect or not specified, the Customer may lose its funds within the transaction. TRUSTPAY is entitled to reject a transaction request where the corresponding instruction is incomplete or inaccurate or because the transaction request puts TRUSTPAY at risk for any reason whatsoever. TRUSTPAY is entitled to reject any request where such request is prohibited on legal or regulatory grounds, on the grounds of judicial or administrative decisions, or where said request could jeopardize TRUSTPAY’s interests.

The Customer is aware that transaction may be delayed due to some bank verifications and checks.

Due to many factors that are involved in the transaction evaluation, TRUSTPAY reserves the right to refuse any transaction request or to limit it, or freeze any funds, or refuse to accept funds for any reason, or for no reason at all, in our sole discretion, in particular if we consider such measure to be required or beneficial for the protection of the Customer. The request may not be executed if they are not fully funded.

TRUSTPAY may apply limitations either on a single transaction or on daily volume per bank account or payment service provider account. If you fail to meet this limitation when placing a transaction request, your fiat currency will be returned to your accounts’ return address. In case an administrative fee is charged for the returning of fiat currency, your returning payout will be reduced with applicable administrative fee.

When using the one-time password (OTP) or message authentication code (MAC) token generator, you are required to:

• use the OTP/MAC token generator in accordance with the security guidelines published by us on our homepage which includes taking all reasonable steps to keep the OTP/MAC token generator safe as well as taking steps to keep the means which enable it to be used, including your credentials, safe;
• promptly notify us or a third party designated by us for this purpose, of loss or theft of the OTP/MAC token generator and/or your credentials and of unauthorised or incorrect use of the OTP/MAC token generator after becoming aware of it.

To use the OTP / MAC Token Generator, we must be able to communicate securely with you. We will let you know if there are any additional security requirements. If you use OTP/MAC token generator, you are responsible for the security and means of communication with us (such as your computer, internet and telephone connection).

We can block your credentials or your OTP/MAC token generator at any time for security purposes such as when we have any reason to believe that the OTP/MAC token generator has been misused.

You must immediately notify us of a loss, theft or unauthorised use of the OTP/MAC token generator and/or your credentials. If you use your payment account or OTP/MAC token generator via a third party, you must follow the security guidelines applicable to that service or provider in addition to these Terms.

Minor changes in services can be made to reflect changes in relevant laws and regulations; and to implement minor technical adjustments and improvements, for example, to eliminate a security threat. These changes may affect your use of the product, but if they do, we will let you know how and when.

In addition, we may make more significant changes to these Terms or services, but if we do, we will notify you two months before the change, and you can then contact us to terminate the Agreement before the change takes effect. If you do not contact us to terminate the Agreement, we will assume that you have accepted these changes.

We may update or update digital content at any time and without prior notice. We will notify you of any changes to these Terms in accordance with these Terms.

To provide you with our services, we will need to collect, record, store, process and transfer personal data in accordance with applicable personal data protection regulation. We will only use your personal information as set out in our Privacy Notice. We are a “data controller” in accordance with applicable data protection regulation.

The Privacy Notice is an integral part of these Terms, please read the Privacy Notice before using the website and our services. If you have any queries or comments in respect of the Privacy Notice or how we use your data, please contact us at [email protected].

Please contact us if you have any issues or have a complaint regarding the services. We will review the complaint and contact you within 15 business days if you are an individual and within 30 business days if you are not.

If you are not happy with how we have resolved your complaint and you are a consumer, you may choose to complain about us, our products, services or actions to the Financial Ombudsman. For more information on complaints please visit: https://rf.gov.pl/en/home/

Any dispute and complaint between TRUSTPAY and you shall be resolved by way of negotiations.

In case TRUSTPAY and you fail to resolve a dispute or complaint in an amicable way in 30 (thirty) days’ time, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be resolved by binding arbitration at the Polish Chamber of Commerce, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The venue of any arbitration commenced under this section shall be in Warsaw, Poland. Arbitration shall take place in English before a single arbitrator who is a practicing commercial lawyer licensed in Poland. You agree to waive any right you may have to commencement of or participation in any class action against TRUSTPAY related to the services. You also agree to opt out of any class proceedings against TRUSTPAY or its licensors.

We are liable only for foreseeable loss and damage caused by us to you. If we fail to comply with these Terms, we assume liability for loss or damage you suffer that is a foreseeable result of our material breach of this Agreement or our failing to use reasonable care and skill. But in no way we assume any liability for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both parties, e.g., we and you, knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or negligence of our employees for fraud or fraudulent misrepresentation.

We are not liable for business losses. If you use the products and/or services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

You shall be exclusively liable for all losses and expenses (fully and totally, without any limits, limitations and exclusions) relating to any unauthorized use of services, as well as in case(s) where you act fraudulently and/or fail to fulfil one or more of your obligations relating to correct and safe usage and safe keeping OTP/MAC and account tools and parameters. We bear no responsibility for any transactions in the account regardless of who performed said transaction(s), unless we have been duly and timely notified by you of any unauthorized access to the account parameters and tools, and such tools and parameters have been consequently blocked.

We transfer funds at your expense and risk, unless agreed otherwise.

You shall be liable for and shall reimburse TRUSTPAY for any and all reasonable attorneys’ fees and other costs and expenses paid or incurred by TRUSTPAY in the enforcement of this Agreement, or in collecting any amounts due from you hereunder, or resulting from any breach of any of the provisions of this Agreement by you. You shall also be responsible for any and all costs, fees or expenses of TRUSTPAY in relation to or arising from responding to third party requests for Data or your information by third parties including but not limited to subpoenas or court orders for the same.

In addition and without prejudice to the powers, rights and remedies conferred on us herein and by any applicable law and statutory regulations, you shall hold us free from liability and hereby indemnify us against any loss, damage and expense (including but not limited to legal expenses) which we may sustain or incur as a consequence of (a) performing on any of you instruction and/or (b) providing any service to you and/or (c) any default in payment by you of any sum owing including but not limited to any interest/charge or fees paid or payable in the account.

You shall take every measure necessary in order to keep us indemnified from any responsibility for any your instruction/order given to us, and you shall cover all our losses, expenses and obligations arising out of and/or in connection with and/or as a result of the your negligence, malicious action and/or fault of your obligations, immediately upon our request.

You warrant to indemnify TRUSTPAY against any losses, costs, liabilities, expenses, including attorneys’ fees arising out of Customer’s failure to fully comply with these Terms. You agree that TRUSTPAY may deduct at its own discretion all the losses and expenses specified in these Terms.

If an unauthorised payment made by our mistake or error, we will at your request as soon as reasonably practicable refund the amount of the unauthorised payment including all fees deducted by us and where applicable, restore the debited payment account to the state it would have been if the unauthorised payment transaction had not taken place.

This situation as mentioned above does not apply to the situations where:

• You have acted fraudulently, in which case we will not refund you in any circumstances and you will be solely liable for all losses.
• You did not notify us in a timely manner of any security issues with your payment account, in which case you will remain liable for any losses incurred up to the time when we receive the notification unless you have acted fraudulently.
• You have either intentionally or due to gross negligence compromised security of your payment account or failed to comply with your obligations when using the account or have used it in a manner contrary to these terms.
• You did not notify us about the unauthorised or incorrectly completed transaction within 13 months from the date of the payment. In such a case you shall be solely responsible for all losses.

It is your responsibility to regularly monitor your payment account and inform us of any unauthorised transactions, inconsistencies or concerns.

You may apply to us for correction(s) in the payment order submitted to us. Nonetheless, we do not guarantee that the payment order will be corrected. If the payment order has not been executed yet, we shall ensure correction of the payment order as requested by you. If you wish to correct the payment order that has already been executed, we shall, to the extent possible, contact the beneficiary’s or correspondent bank to request corrections in the executed payment order; however, there is no guarantee that these corrections will be made.

You may apply to us for the cancellation of the payment order submitted to us. Nonetheless, we do not guarantee that the payment order will be cancelled. If the payment order has not been executed yet, we shall apply reasonable and available measures in order to ensure that the payment order will not be executed. If the you wish to cancel the payment order that has already been executed:

• In case of an interbank payment – we shall, to the extent possible, contact the beneficiary’s or correspondent bank/payment services provider to receive back the funds transferred. We shall refund funds to the account only once we ascertain that the payment order has not been executed and after we receive the funds back from the beneficiary’s or correspondent bank/payment services provider;
• In case of an intra-bank payment – we shall, to the extent possible, try to contact the beneficiary to obtain its consent to the payment refund. Payment shall be refunded to the remitter only after the beneficiary consents to the same.

Upon receiving the your application and all necessary supporting evidence, we shall investigate a transfer of funds transferred by you or addressed to you and not received.

We would withhold the fees and rates from you for correction, cancellation, investigation and refund of payments, as well as all fees and charges withheld by other payment services providers/banks involved in the respective actions and processes.

You or any of your successors may not assign this Agreement, or any rights hereunder, directly or by operation of applicable regulation, without the prior written consent of TRUSTPAY which consent may be withheld for any reason, at TRUSTPAY’s sole discretion. TRUSTPAY may assign any of its rights or obligations hereunder without prior notice to you or your consent.

This Agreement and the provisions hereof shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

Until all funds owed are paid or discharged in full, you shall not, by paying off any sum recoverable by TRUSTPAY or by any other means or on any other ground, claim any set-off or counter claim against TRUSTPAY in respect of any liability of TRUSTPAY towards you or any third party. You agree that nothing in the arrangements between TRUSTPAY and you and/or any third party shall be treated as constituting an implied agreement restricting or negating any lien, charge, pledge, right of set-off or other right for TRUSTPAY.

TRUSTPAY is entitled to exercise a lien over any and all of your assets, funds and properties which (for any reason) are in or which howsoever come into the possession or control of TRUSTPAY. TRUSTPAY may dispose of or sell such assets, funds and properties and apply the proceeds of sale after deduction of expenses to satisfy any obligations, indebtedness and liabilities owed by you to TRUSTPAY.

If any provision, term or condition herein in these Terms and/or in any other document, procedure and the like incorporated herein by the reference respectively is or becomes illegal, void, invalid, prohibited or unenforceable in any respect, the same shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability without invalidating in any manner whatsoever the remaining provisions of these Terms or any other document, procedure and the like incorporated herein by a reference respectively, as the case may be.

Terms and the business relations regulated by these Terms shall be governed by and construed in all respects in accordance with the laws of Poland.

In enforcing its rights, TRUSTPAY may initiate and take actions or proceedings or otherwise against you and any third party and/or elsewhere as TRUSTPAY may deem fit.

The parties hereto agree that this Agreement is drafted and executed in the English language.

The division of these Terms into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms. In these Terms, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts, other entities and unincorporated associations.

The following Sections shall survive termination of this Agreement: Terms, Account suspension or closure, refusal to open an account and to make payments, refusal to make payment, Fees, Liability and limitation of liability, indemnity, Other important provisions.